Q: Bought a house and discovered the previous owner flipped the house without pulling permits. Garage damaged, recourse?
We discovered the damaged garage one month after closing, which prompted us to check to see if he had pulled permits on the garage and found out he didn't pull any permits for anything, including the interior renovations, roof, fence, garage.
A: What you are referring to are documents that are readily available in the public records. Why didn't you look into this before you closed?
A: The Colorado Seller's Property Disclosure asks seller to disclose if any work was done without proper permits. If the seller did not disclose this and you are damaged or defrauded because of it, you will have a claim against seller and possibly his broker. Under Colorado law, sellers of residential property have an affirmative duty to disclose all latent defects of which the sellers are aware, regardless of whether the item is included in one of the categories listed in the SPD and regardless of whether the purchase contract requires the sellers to make such disclosures.
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